The merger was notified to the AFCA retroactively (BWB/Z-6885).
The company voluntarily reported the infringement, fully cooperated with the AFCA and, for the purpose of an amicable conclusion of the proceedings, acknowledged the infringement.
The business activity affected is the publishing and distribution of books.
The acquisition of 100% of the shares in Gräfe und Unzer Verlag GmbH by HarperCollins Deutschland GmbH was ultimately cleared by the AFCA with effect from 16 April 2025, as it did not raise any competition concerns.
Illegal mergers
Illegal mergers are mergers subject to notification obligations that are implemented without prior clearance by the AFCA and/or the Cartel Court. The standstill obligation serves to protect competition against potential and actual anti-competitive effects by ensuring that notifiable mergers are reviewed before they are implemented.
Fines under the Austrian Cartel Act
The Austrian Cartel Act prohibits conduct that restricts or distorts competition. If a merger is implemented without the required notification, the AFCA is prevented from assessing its potential effects on competition before implementation.
Where the Cartel Court establishes an infringement of the notification obligation, it may, upon application by the AFCA, impose a fine of up to 10% of the undertaking's total turnover achieved in the preceding financial year. In determining the amount of the fine, the Cartel Court takes into account, in particular, the gravity and duration of the infringement, the degree of fault, the undertaking's economic capacity and its cooperation during the proceedings.